BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 491
                                                          Page  1

ASSEMBLY THIRD READING
AB 491 (Scott)
As Amended April 6, 1999
Majority vote 

  PUBLIC SAFETY       5-2         APPROPRIATIONS      14-6        
  
 ----------------------------------------------------------------- 
|Ayes:|Honda, Cunneen, Cedillo,  |Ayes:|Migden, Cedillo, Davis,   |
|     |Keeley, Romero            |     |Hertzberg, Kuehl, Papan,  |
|     |                          |     |Romero, Shelley,          |
|     |                          |     |Steinberg, Thomson,       |
|     |                          |     |Wesson, Wiggins, Wright,  |
|     |                          |     |Aroner                    |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller             |Nays:|Brewer, Ashburn, Battin,  |
|     |                          |     |Pescetti, Maldonado,      |
|     |                          |     |Runner                    |
 ----------------------------------------------------------------- 

  SUMMARY  :  Makes possession of a concealed or loaded firearm an  
alternate misdemeanor/felony under certain circumstances.   
Specifically,  this bill  :  

1)Makes it an alternate misdemeanor/felony where the person has  
  been convicted of a crime against a person or property, or of  
  a narcotics or dangerous drug violation.  A misdemeanor is  
  punishable by up to one year in county jail, a $1,000 fine, or  
  both.  A felony is punishable by 16 months, two or three years  
  in prison, a $1,000 fine, or both.

2)Makes it an alternate misdemeanor/felony if both of the  
  following conditions are met:  a) both the firearm and  
  unexpended ammunition are either in the immediate possession  
  of the person or readily accessible; and, b) the person is not  
  listed with the Department of Justice (DOJ) as the registered  
  owner of the firearm, punishable as in #1 above.

3)Makes it an alternate misdemeanor/felony to carry a loaded  
  firearm on one's person, or in a vehicle on any public street  
  where the person is not listed with DOJ as the registered  
  owner, punishable as in #1 above.

4)Requires the district attorney of each county to submit an  
  annual report to the Attorney General detailing profiles by  







                                                          AB 491
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  race, age, gender, and ethnicity of any person charged under  
  this bill.

5)Requires the Attorney General to submit an annual report to  
  the Legislature compiling all the reports described in #3  
  above.

6)Provides that this bill's Penal Code sections will remain in  
  effect until January 1, 2005.

  EXISTING LAW  :

1)Provides that a person is guilty of carrying a concealed  
  firearm when the person:  a) carries concealed within any  
  vehicle under his or her control any concealable firearm;  
  b)carries concealed on his or her person any concealable  
  firearm; or, c) causes to be carried concealed in any vehicle  
  in which he/she is an occupant a concealable gun. 

2)Provides that where a person has previously been convicted of  
  a felony, carrying a concealed firearm is a felony, punishable  
  by 16 months, or two or three years in state prison. 

3)Provides that where the firearm is stolen and the person knew  
  or had reasonable cause to believe the firearm was stolen,  
  carrying a concealed firearm is a felony, punishable by 16  
  months, or two or three years in state prison. 

4)Provides that where the person is an active participant in a  
  criminal street gang, a Penal Code Section 12025 violation is  
  a felony, punishable by 16 months, or two or three years in  
  state prison. 

5)Provides that where the person not in lawful possession of the  
  firearm is a felony, punishable by 16 months, or two or three  
  years in state prison. 

6)Defines "lawful possession of the firearm" as "the person who  
  has possession or custody of the firearm either owns the  
  firearm or has the permission of the owner or a person who  
  otherwise has apparent authority to possess or have custody of  
  the firearm." 

7)Provides that carrying a concealed firearm under circumstances  
  other than those specified in #1-5 above are misdemeanors,  
  punishable by up to one year in county jail, a $1,000 fine, or  







                                                          AB 491
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  both.

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, this bill:

1)Based on the 61 persons admitted to state prison in 1997-98  
  for concealed gun violations, it is likfely that at least  
  eight persons will receive state prison terms as a result of  
  this bill, creating first-year costs of about $175,000.  To  
  the extent the new wobblers trigger second or third strike  
  sentences, out-year costs could be considerably greater.  

2)Has minor state-reimbursable local costs for the reporting  
  requirement.

3)Has absorbable costs to DOJ for the reporting requirement.

  COMMENTS  :   According to the author, "Existing law (Penal Code  
Section 12020) provides that concealed carrying of pen knives,  
brass knuckles, dirks, daggers, zip guns and certain other  
devices can be prosecuted as a felony; however, the illegal  
carrying of a concealed handgun can only be prosecuted as a  
misdemeanor.

"Former Attorney General Dan Lungren's Policy Council on  
Violence Prevention concluded that 'carrying a concealed, loaded  
firearm without a permit is a serious crime and should be  
treated as such.'  Therefore, the council recommended that  
California enact legislation to increase the penalty to a  
'misdemeanor or felony' at the discretion of the district  
attorney.

"AB 491 would allow district attorneys and judges to charge or  
convict individuals who illegally conceal unregistered firearms  
with either a misdemeanor or felony." 

Please see the policy committee analysis for a more  
  comprehensive discussion of this bill.

  Analysis Prepared by  :  Harry Dorfman / PUB. S. / (916) 319-3744 
                                                      FN: 0001245